Reese’s Law, enacted in honor of a toddler who lost her life due to the ingestion of a button cell battery, intends to protect users from similar tragedies. It mandates the establishment of a safety standard, which in turn sets requirements for button cell and coin batteries, and products that might contain such batteries.
This guide explains the background and purpose of Reese’s Law. It also covers 16 CFR Part 1263, the safety standard proposed by the CPSC as a result of the law. This guide also covers the standard’s product scope, as well as requirements regarding performance, labeling, testing, and certification.
Content Overview
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Background
On August 16, 2022, the US President signed Reese’s Law, which aims to protect young children and other consumers against dangers related to unintentionally ingesting button cell batteries or coin batteries.
Reese’s Law was named in honor of Reese Hamsmith, who swallowed a button cell battery that fell out of the toy product she had been playing with. After emergency hospitalization due to battery-induced internal injury, she passed away, aged just 18 months.
Purpose
Reese’s Law mandates the CPSC to establish a safety standard requiring child-resistant battery compartments on consumer products containing button cell or coin batteries. This requirement would protect children and other consumers from the dangers associated with accidentally swallowing such batteries.
The law requires that such batteries be performance-tested and packaged in accordance with 16 CFR Part 1700, the Poison Prevention Packaging Act (PPPA).
It also mandates the provision of prominent warning labels on button and coin batteries, products containing such batteries, their packaging, and user instructions. These warning labels should visibly identify the danger of swallowing the product and inform consumers that they should:
- Keep new and used batteries away from children
- Seek immediate medical help upon ingestion of the batteries
- Heed medical advice
The law requires the CPSC to establish a safety standard within 1 year of its enactment; that is, no later than August 16, 2023. As such, the CPSC created a standard proposal – 16 CFR Part 1263 – that takes into account the above requirements.
CPSC Standard Proposal: 16 CFR Part 1263
The CPSC proposed 16 CFR Part 1263, which was published on 9 February 2023, in order to fulfill the requirements of Reese’s Law.
Product scope
The proposal of 16 CFR Part 1263 covers button cell and coin batteries, which are defined by the law as:
a. Cell batteries with a diameter that exceeds their height.
b. “Any other” battery that the CPSC has determined to present an ingestion hazard.
It also covers consumer products that contain or use at least one button or coin battery, such as:
- Calculators
- Cameras
- Flameless candles
- Flashing clothing and shoes
- Games and toys
- Holiday ornaments
- Keychain flashlights
- Musical greeting cards
- Remote controls
- Watches
You can find more details on the standard proposal published by the CPSC.
Performance requirements
16 CFR Part 1263 contains performance requirements for button cell and coin battery compartments on consumer products.
The compartments on relevant consumer products must be secure in such a manner that they remove, or appropriately reduce, the chances that a child aged 6 or below might swallow a battery during the product’s expected use or misuse.
The battery performance must be tested according to the “performance tests” outlined in 16 CFR Part 1263.3.
Warning label requirements
The standard lists requirements pertaining to the content and placement of warning labels.
Information on warning labels
16 CFR Part 1263 states that Reese’s Law requires the provision of warning labels that:
a. Clearly identifies the danger of swallowing the battery.
b. Instruct users to keep new and used button cell or coin batteries away from a child’s reach.
c. Tell users to seek immediate medical attention if a button cell or coin battery is swallowed, and heed relevant consensus medical advice.
Specific warning statements are provided in Part V of the standard.
Placement of warning labels
The standard also states that the law mandates warning label requirements for:
a. Packaging for button cell or coin batteries, or consumer products containing such.
b. Consumer products containing button cell or coin batteries (even in the case when the batteries are not intended to be replaced by consumers).
c. User instructions for consumer products incorporating button cell or coin batteries.
Part V of the standard provides more information on the placement of warning labels.
Certification requirements
Part VIII of the standard states that the CPSA contains requirements pertaining to the certification of relevant products.
In practice, this means that importers or manufacturers of products containing button cell or coin batteries should ensure that their products comply with the relevant requirements and issue:
a. A General Certificate of Conformity (GCC) for non-children’s products
b. A Children’s Product Certificate (CPC) for children’s products
Testing requirements
Part IV of the proposed standard lists the following construction, preconditioning, and use and abuse tests that relevant products must undergo:
- Battery compartment construction
- Accessibility tests
- Preconditioning in oven
- Simulated battery replacement
- Drop test
- Impact test
- Crush test
- Compression test
- Torque test
- Tension test
- Probe for accessibility
Children’s Products
16 CFR Part 1263 covers consumer products meant for children aged 12 or younger, that have at least one button cell or coin battery (regardless of whether the batteries can be replaced or not).
Such children’s products that might contain or use button cell or coin batteries include children’s clothing or non-toy products themed for children.
The standard requires that if you sell covered children’s products, you should comply with relevant requirements, such as those regarding:
- Performance
- Warning and labeling
- Child-resistant battery compartments
- Testing and certification
Exemptions
16 CFR Part 1263 states that Reese’s law exempts “toy products” if they comply with ASTM F963’s requirements pertaining to battery accessibility and labeling.
Other Products
The standard also covers general consumer products that contain or utilize at least one button cell or coin battery, such as those in the following categories:
- Electronic devices used for decorative purposes
- Portable devices for use in the household
- Wearable accessories
Covered non-children’s consumer products should comply with the requirements regarding:
- Performance
- Warning and labeling
- Child-resistant battery compartments
- Testing and certification
Exemptions
16 CFR Part 1263 states that the term “consumer product” applies to products manufactured for, sold to, or used by consumers in general.
However, the definition of “consumer products” does not include products that are:
- Used only in professional capacities
- Within another federal agency’s jurisdiction
This includes:
- Cosmetic products
- Food
- Drugs
- Professional products (e.g., heavy machinery for trained professionals)
- Motor vehicles and associated equipment (e.g., motor vehicle key fobs)
- Medical devices (e.g., thermometers, hearing aids)
Thank you for the very useful article. One question I have is under the heading “Exemptions”. It states, “However, the definition of “consumer products” does not include products that are:
– Used only in professional capacities
– Within another federal agency’s jurisdiction.”
I did not find these exemptions stated in the laws or regulations, while looking for exemptions. Where are these?
I did find exemptions in 15 USCA 2052.
Hello Jane,
These exemptions can be found on the proposal for “16 CFR 1263 – Safety Standard and Notification Requirements for Button Cell or Coin Batteries and Consumer Products Containing Such Batteries”
See Subsection “B. Description of Consumer Products Within the Scope of the NPR”:
“Under the CPSA, a “consumer product” does not include any article that is not customarily produced or distributed for sale to, or use or consumption by, or enjoyment of, a consumer, which may include products used only in a professional capacity (i.e., expensive heavy machinery used only by professionally trained operators that is typically sold only to businesses and not to consumers). Moreover, a “consumer product” does not include products within the jurisdiction of some other Federal agencies, such as motor vehicles and motor vehicle equipment (e.g., motor vehicle key fobs), or food, drugs, medical devices, or cosmetics (e.g., thermometers, hearing aids). 15 U.S.C. 2052(a)(5).“
Is a door alarm with lr44 batteries included in this scope we already have a screw to secure the cover